CIVIL FILINGS: Marshall County

Sept. 22Joseph H. Morgan vs. BAC Home Loans Servicing, LPPA- Bren J. Pomponio; J- Hummel* Morgan says defendant misrepresented the amount plaintiff owed on his mortgage. His payments were returned and repeatedly contacted him after he was represented by counsel. Defendant now seeks to foreclose on Morgan's home. Plaintiff brings this action to save his home and obtain appropriate relief.Case number: 11-C-162

Sept. 27Rebecca Sutter vs. DeWayne G. Zombotti and Collena ZombottiPA- Ronald W. Zavolta; J- Karl * On March 12, 2011, Plaintiff parked her Infinity vehicle in the parking lot of the Ohio Valley Mall from 2:00 to 6:10 p.m. Upon her exit from the Mall, approaching her vehicle, she noticed severe and substantial property damage to the rear of her vehicle. Defendant promptly reported this collision to Belmont County Sherriff Dept. Zombotti acknowledged fault and complete liability for the collision with Plaintiff's vehicle. Judgment is sought for damages suffered.Case number: 11-C-163

Sept. 29Nile Richmond vs. Donald RogersPA- Herman D. Lantz; J- Hummel* On Oct. 3, 2009, Rogers collided with plaintiff's vehicle when he failed to stop at a stop sign and yield the right of way. Rogers was cited for the infraction. Judgment for monetary damages and injuries is sought.Case number: 11-C-164

Oct. 5Mary Tedrow vs. William WhitlatchPA- Ronald Wm. Kasserman; J- Karl* On Oct. 23, 2009, Whitlatch drove a vehicle into the rear end of a vehicle operated by Tedrow. Plaintiff had underinsured motorist bodily injury limits. She seeks compensatory damages for the physical injuries suffered; for which she has incurred medical expenses.Case number: 11-C-165

Oct.13State Farm Mutual Automobile Insurance Company, as subrogee of Brandon Michael Bowman vs. Katelyn Nicole Jackson and William SpeakmanPA- Ryan S. Marsteller; J- Hummel* On Dec. 25, 2009, on Grant Ave. and 1st Street, Jackson collided with the insured's vehicle causing damage. As a result, plaintiff honored the claim and reimbursed the insured the sum of $7,785.07. Plaintiff is now subrogated to the extent of $8,085.07 and hereby demands judgment against defendant.Case number: 11-C-172

Ohio Power Company vs. Dearborn Mid-West Conveyor Company, Inc.PA- Jeffrey A. Grove; J- Karl* In 2004, OPC engaged in the construction of the Wet Flue Gas Desulfurization Retrofit Project (WFGD) at its Mitchell facility. Dearborn constructed the coal blending conveyor system which was completed and operational around Sept. 2006. On Oct. 14, 2009, an explosion occurred within the sulfur coal reclaim tunnel. Considerable expenses in perfecting repairs and design changes, are ongoing and to date, exceed $3,000,000. The design of the coal blending system permitted pockets of high levels of methane gas to collect at each feeder location. The ventilation system was installed incorrectly so as to promote the collection of coal dust, which like methane gas, is highly combustible. Defendant owed plaintiff a degree of skill and expertise as engineers. A trial by jury is demanded.Case number: 11-C-173

Alisa Blosser vs. Matthew L. Horvath, Keith Lucas and Keith's PreOwned Auto SalesPA- Ronald W. Zavolta; J- Hummel* On Oct. 13, 2009, Horvath violently struck Blosser, a pedestrian, as she crossed the street on Minellen Drive, in Bridgeport. Horvath was careless towards Blosser in that she failed to yield the right of way. Blosser's injuries are permanent and lasting in nature. She has and will continue to suffer great pain. Compensatory judgment is demanded against defendants.Case number: 11-C-174

Mary E. Lambert vs. Young's Cafeteria and Restaurant Inc.PA- Teresa C. Toriseva; J- Karl* Lambert entered defendant's restaurant for a monthly luncheon/ meeting for a club in which she was president, on Sept. 7, 2010. She left the meeting to use the restroom and upon her return to her table she tripped on a rug in the main entryway of the cafeteria. Her body landed into the brick wall at the facility. Lambert says she was hospitalized for a period of 6 weeks following this incident. She seeks judgment in her favor.Case number: 11-C-175

Oct. 14Patricia M. and Adam J. Hudek vs. Mary OaklandPA- Robert J. Fitzsimmons; J- Hummel* On June 29, 2010, Patricia Hudek was a pedestrian in the WalMart parking lot, in Moundsville, when Oakland collided into her. Defendant failed to maintain a proper lookout which caused Hudek to suffer injuries, some permanent in nature. Her husband has lost the consortium and servicers of his wife. Judgment is demanded for this violation in such an amount as a judge shall find. Case number: 11-C-176

Oct. 20United Bank vs. Thomas R. Hoyt, Mary Hoyt, as guardian and conservator for Thomas R. HoytPA- Jay T. McCamic; J- Karl* Petitioner requests the Court accept the notice of resignation and appoint a successor. The Bank no longer desires to act as trustee and it is believed the respondent no longer desires the Bank to act as trustee. Upon the appointment of a successor trustee, a final accounting is requested along with the transfer of all assets. Case number: 11-C-179